COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 101
(By Senator Hunter)
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[Originating in the Committee on Transportation and
Infrastructure; reported March 1, 2005.]
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A BILL
to amend and reenact §17C-3-5 of the Code of West Virginia,
1931, as amended, relating to allowing a county commission or
municipality to request the Commissioner of Highways to
designate and operate, during certain times, a traffic control
signal as a flashing signal.
Be it enacted by the Legislature of West Virginia:
That §17C-3-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.
§17C-3-5. Traffic control signal legend.
Whenever traffic is controlled by traffic control signals
exhibiting the words "go", "caution" or "stop", or exhibiting
different colored lights successively one at a time, or with
arrows, the following colors only shall be used and said terms and
lights shall indicate and apply to drivers of vehicles and
pedestrians as follows:
(a) Green alone or "go":
(1) Vehicular traffic facing the signal, except when
prohibited under section two, article twelve of this chapter, may
proceed straight through or turn right or left unless a sign at
such place prohibits either such turn. But vehicular traffic,
including vehicles turning right or left, shall yield the
right-of-way to other vehicles and to pedestrians lawfully within
the intersection or an adjacent crosswalk at the time such signal
is exhibited.
(2) Pedestrians facing the signal may proceed across the
roadway within any marked or unmarked crosswalk.
(b) Yellow alone or "caution" when shown following the green
or "go" signal:
(1) Vehicular traffic facing the signal is thereby warned that
the red or "stop" signal will be exhibited immediately thereafter
and such vehicular traffic shall not enter or be crossing the
intersection when the red or "stop" signal is exhibited.
(2) Pedestrians facing such signal are thereby advised that
there is insufficient time to cross the roadway and any pedestrian
then starting to cross shall yield the right-of-way to all
vehicles.
(c) Red alone or "stop":
(1) Vehicular traffic facing the signal shall stop before
entering the crosswalk on the near side of the intersection or, if
none, then before entering the intersection and shall remain
standing until green or "go" is shown alone except as provided in paragraphs (2) and (3) of this subdivision.
(2) A vehicle which is stopped in obedience to a red or "stop"
signal as close as practicable at the entrance to the crosswalk on
the near side of the intersection or, if none, then at the entrance
to the intersection may cautiously make a right turn but such
vehicle shall yield the right-of-way to pedestrians lawfully within
a crosswalk and to other vehicular traffic proceeding as directed
by the signal at said intersection, except that local authorities
in their respective jurisdictions may by ordinance prohibit any
such right turn against a red or "stop" signal at any intersection
within such jurisdiction, which ordinance shall be effective when
a sign is erected at such intersection giving notice thereof.
(3) A vehicle which is stopped in obedience to a red or "stop"
signal as close as practicable at the entrance to the crosswalk on
the near side of the intersection or, if none, then at the entrance
to the intersection on a one-way street which intersects another
one-way street on which traffic moves to the left may cautiously
make a left turn into said one-way street but such vehicle shall
yield the right-of-way to pedestrians lawfully within a crosswalk
and to other vehicular traffic proceeding as directed by the signal
at said intersection, except that local authorities in their
respective jurisdictions may by ordinance prohibit any such left
turn against a red or "stop" signal at any intersection within such
jurisdiction, which ordinance shall be effective when a sign is
erected at such intersection giving notice thereof.
(4) No pedestrian facing such signal shall enter the roadway unless he
or she can do so safely and without interfering with any
vehicular traffic.
(d) Red with green arrow:
(1) Vehicular traffic facing such signal may cautiously enter
the intersection only to make the movement indicated by such arrow
but shall yield the right-of-way to pedestrians lawfully within a
crosswalk and to other traffic lawfully using the intersection.
(2) No pedestrian facing such signal shall enter the roadway
unless he
or she can do so safely and without interfering with any
vehicular traffic.
(e) In the event an official traffic control signal is erected
and maintained at a place other than an intersection, the
provisions of this section shall be applicable except as to those
provisions which by their nature can have no application. Any stop
required shall be made at a sign or marking on the pavement
indicating where the stop shall be made, but in the absence of any
such sign or marking the stop shall be made at the signal.
(f) The motorman of any streetcar shall obey the above signals
as applicable to vehicles.
(g) For any official traffic control signal erected and
maintained by the Division of Highways, the county commission or
municipality of where the traffic control signal is situated may
forward a written resolution requesting that the Commissioner of
Highways designate and operate the traffic control signal as a
flashing signal in accordance with the provisions of section seven
of this article at certain times. Within thirty days of receiving such request, the Division of Highways shall review the request in
accordance with the manual and specifications adopted in accordance
with section one of this article and either grant the request or
deny the request in writing. If the request is approved, the
county commission or municipality initiating the request is
responsible for the costs incurred by the Division of Highways.